Total Peaking Services, L. L. C.
Original Volume No. 1
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Effective Date: 04/01/1998, Docket: CP96-339-001, Status: Effective
Original Sheet No. 69 Original Sheet No. 69 : Effective
GENERAL TERMS AND CONDITIONS
10. QUALITY (Continued)
(g) No active bacteria or bacterial agent, including but
not limited to, sulphate reducing bacteria or acid
producing bacteria; and
(h) No hazardous or toxic substances.
Total Peaking shall not be obligated to receive any LNG that does
not meet these standards.
10.3 Customer shall indemnify Total Peaking from any loss, cost,
damage, or expense incurred by Total Peaking as a direct or
indirect result of Customer's failure to comply with the
provisions of this Section 10, except to the extent such loss,
damage, expense, claim, suit, action or proceeding is the result
of Total Peaking's negligence, bad faith or willful misconduct or
is the direct result of Total Peaking's deliberate decision to
take Customer's nonconforming natural gas or LNG.
11.1 Measurement of Natural Gas Received from Customer's Transporter
Unless otherwise agreed upon by the parties, Customer shall cause
the measurement of the quantities of natural gas received by
Total Peaking to be performed by the Transporter delivering such
gas at the Point of Delivery (Gas) in accordance with such
Transporter's normal practices for measurement and testing of
measuring equipment. Customer shall seek to assure the
maintenance, or testing of the equipment used to measure the
quantities redelivered by Total Peaking and shall cooperate with
any requests of Total Peaking to do so.